Judge: Martha K. Gooding, Case: 2022-01257779, Date: 2022-09-26 Tentative Ruling

1) Demurrer to Complaint

2) Joinder

The Demurrer by Defendants OCM Group USA, Inc. and OCM Globe, Inc., with joinder therein by Defendant Yaotian Li, is SUSTAINED with 10 days leave to amend.

Plaintiff Wen & Winnie Trading, LLC did not oppose the demurrer and, instead, attempted to file a First Amended Complaint. However, the amended pleading was not timely filed. (Code Civ. Proc., § 472, subd. (a).) The Court construes the absence of an opposition and Plaintiff’s attempt to file an amended pleading as a concession that an amended pleading is warranted. Accordingly, the demurrer is sustained with leave to amend.

Plaintiff shall re-file and serve its amended pleading within 10 days.

Defendants are ordered to give notice of the ruling.